Daniel R. Stern Member

Dan works with employer clients to bring their existing workplace policies into compliance with best practices in the human resources field, and he provides day-to-day counseling which enables clients to make wise decisions in human resource matters. Understanding the frequent and complex employment issues continually faced by today’s employers, Dan has designed his practice so that he is readily and quickly available to his clients. He is a frequent speaker and author on employment matters and labor-related legislative changes, with a particular focus on wage and hour issues.

His experience includes the following:

Employee Relations Counseling and Compliance

• Consultation, advice and guidance on COVID-19 related legislation, including the Family First Coronavirus Relief Act and federal agency regulations and standards from the Center for Disease Control and the Occupational Safety Administration on COVID related interpretations and standards
• Providing assistance on issues related to COVID-19 vaccines when such guidance is published by the Equal Employment Opportunity Commission and the Center for Disease Control
• Assistance with drafting policies related to mandatory vaccinations or incentive driven policies related to COVID-19 which include provisions for making reasonable accommodation on the basis of disability and religion
• Representation of companies in the drafting of affirmative action plans and during onsite audits of those plans by the Department of Labor, Office of Federal Contract Compliance Programs
• Representation during OSHA investigations, responding to citations and during settlement conferences
• Provided guidance to client who was the target of a phishing scheme where employee data was breached
• Represented multiple clients in audits conducted by the Department of Labor’s Wage and Hour Division
• Development and presentation of in-house training for clients concerning human resources issues including harassment, hiring, firing, disciplining and documentation
• Conduct audits of clients’ policies, procedures and compliance
• Developed, reviewed and maintained employee handbook, policies and procedures, including Family and Medical Leave, social media, and termination provisions
• Daily ongoing consultation with clients in varying industries on hiring, disciplining, terminating and leave of absence issues along with many other concerns
• Assisted large financial institution in developing hiring process related to background checks to comply with new EEOC guidance
• Preparing separation agreements at time of termination for executives with confidential information and large reductions in force with Older Worker Benefit Protection Act implications

Employment Litigation

• Representation of a local company in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) alleging harassment and retaliation; settled matter for nominal amount
• Representation of companies in workers’ compensation retaliation lawsuits, each settling for amounts less than defense costs
• Defended multiple EEOC charges for clients of varying sizes and wide ranging industries
• Obtained a summary judgment in favor of a University who was being sued by a doctor alleging national origin discrimination claiming she was terminated because of her heavy accent